The Legal Flaw With Ditching DACA Administrative Procedure Act Magna Carta

Part 2, from,Who Are The Founders For DACA? ,President Donald Trump’s decision to end the Obama-era Deferred Action for Childhood Arrivals program has been criticized, by Democrats and Republicans alike, as “cruel,” “inhumane” and “unconscionable.” It is also quite likely illegal. The decision is being implemented in a way that appears to violate the Administrative Procedure Act, and the courts might well block the Trump administration’s action on those grounds.

 The Administrative Procedure Act, sometimes called the “Magna Carta of administrative law,” is a 1946 statute that governs hundreds of federal agencies, including the Department of Homeland Security. It requires that agencies go through a process known as “notice and comment” before issuing, amending or repealing “substantive rules.” As part of that process, the agency must publish proposed actions in the Federal Register and then give the public at least 30 days to submit feedback. When it finalizes its proposal, the agency must respond to issues raised by the public comments and must explain why it settled upon the course of action that it chose. The explanation must show why the agency’s action is reasonable and not “arbitrary” or “capricious.”

 In hundreds of cases, the federal courts have had to decide what counts as a “substantive rule” to which the notice-and-comment requirement applies. In a nutshell, a substantive rule is an agency action that alters the rights or interests of parties, changes the background regulatory regime and has a present and binding effect. Sometimes, agencies will take actions that do all of these things but are labeled as “policy statements” rather than “substantive rules.” In those cases, federal courts will block the agency from carrying through on its policy until it goes through the notice-and-comment process.

 That’s what’s likely to happen here. On Tuesday, Acting DHS Secretary Elaine Duke sent a memo to other officials in her department regarding the Deferred Action for Childhood Arrivals, or DACA, program. Since its inception in 2012, DACA has allowed more than 800,000 undocumented immigrants who arrived in the United States before their 16th birthday to obtain work permits and certain other benefits. Immigrants eligible for DACA, known as Dreamers, must file an application with DHS and must seek renewal of their status every two years.

 That will now change. Duke’s memo says that “[e]ffective immediately,” DHS will “reject all DACA initial requests” filed after Tuesday. It goes on to say that the department will “reject all DACA renewal requests” received after October 5 of this year. The memo has all the signs of a substantive rule. It alters the rights of Dreamers, who now cannot obtain work permits and other privileges associated with deferred action status (such as Social Security benefits). In so doing, it changes the background regulatory regime. And as the memo makes clear, it has a present and binding effect on DHS officials and on hundreds of thousands of Dreamers.

 Since it announces a substantive rule, the memo is subject to the notice-and-comment requirement. But DHS has given no indication that it intends to go through the notice-and-comment process here. Instead, Acting Secretary Duke has moved ahead without giving the public 30 days to submit feedback. That’s a violation of the Administrative Procedure Act, and it would give a federal court a basis for blocking the department from carrying through on its new substantive rule.

 There is, to be sure, a wrinkle in this argument. The wrinkle is that then- DHS Secretary Janet Napolitano did not go through notice and comment when she announced the DACA policy by memorandum back in 2012. The Trump administration will likely say that if DACA didn’t need to go through notice and comment initially, then DHS shouldn’t have to go through notice and comment now when it rescinds DACA. And if DACA ­did­­ need to go through notice and comment initially, then DACA itself is procedurally invalid and should be set aside on those grounds.

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Lets see if they can slap this around again, nice real nice.

Yep,

LOL Tif

I have read all three of the DACA Information posted here, I am puzzled why the reports did not include all the information?

 Thank you Tif for making a honest report.

Your welcome.

LOL Tif

The Administrative Procedures Act doesn't provide the President or the Administration with the right to VIOLATE THE STATUTORY LAW... it allows the Administration to promulgate regulations and  procedures that aid in implementing the laws as written... nothing more.

Mr. Nelson,

 The Administrative Procedures Act, is not what is being challenged, President Trump, has turned this issue over to Congress for a Convention of States, something that Obama, refused to do.

 It is now in the hands of Congress, Trump gave then the middle finger, And as of today, DACA is still in part blocked.

 The Constitutional Authority has all ways been in a Convention, and one man even the President Of The United States is not above the Constitution. This goes for the EU, and them within the United Nations.

Good morning Ronald,

 Its Freezing, totally cold this morning. As for The Administrative Procedures Act, I kind of shared that the left nuts was using the Magna Carta, as a Ruling Class "ding bat's" way in laws, but that will be shared in a few.

LOL Tif

Now, this is how I found out about this blog and the lefty nutty Magna Carta, I was nosey...:)

How The DACA Dump Might Be Ditched By The Courts- YouTube

https://www.youtube.com/watch?v=lno6WDq_fjw

There is area under the video, so I followed the links to this blog: https://www.politico.com/magazine/story/2017/09/05/the-legal-flaw-w...

The I cased searched this Google "

Article 39 of Magna Carta in particular stands at the head of our constitutional understanding of the due process of law. It barred prerogative or administrative adjudication, by which rulers evaded the regular processes of the courts.Mar 23, 2016": https://www.google.com/search?q=Magna+Carta+of+Administrative+Law&a...

I have check into the sites you presented, you are correct in this presentation.

Thank you Mrs. Morgan, I will need to read more about this.

Part 2 In Your Face

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ALERT ALERT

JUST IN->  Pelosi Announces House Resolution To Condemn Trump’s ‘Racist, Xenophobic Tweets’

House Speaker Nancy Pelosi (D-CA) announced Monday that Democrats will offer a resolution condemning President Donald Trump’s “racist” tweets against Reps. Alexandria Ocasio-Cortez (D-NY) and Ilhan Omar (D-MN).

Pelosi wrote a letter to House Democrats announcing that they will draft a resolution to condemn Trump’s “racist” tweets against progressive Democrats.

“This weekend, the President went beyond his own low standards using disgraceful language about Members of Congress,” Speaker Nancy Pelosi wrote.

“This morning, the President doubled down on his attacks on our four colleagues suggesting they apologize to him,” she added. “Let me be clear, our Caucus will continue to forcefully respond to these disgusting attacks.”

President Trump taunted the “squad” of far-left first-term progressive Democrats on Sunday, telling them to go back and fix the places they came from before telling the rest of the country what to do.

Trump’s tweets caused an uproar amongst the media and Hollywood celebrity classes, and now, Rep. Sheila Jackson Lee (D–TX) hopes to capitalize on the president’s message by condemning them in Congress.

Lee said she will draft a resolution of condemnation.

“Congresswoman Sheila Jackson Lee will be drafting a Resolution of Condemnation for the words used by President Trump about four members of the House of Representatives over the weekend,” Jackson Lee’s office wrote:

Sheila Jackson Lee  @JacksonLeeTX18

Congresswoman Sheila Jackson Lee will be drafting a Resolution of Condemnation for the words used by President Trump about four members of the House of Representatives over the weekend.

Donald J. Trump  @realDonaldTrump

So interesting to see “Progressive” Democrat Congresswomen, who originally came from countries whose governments are a complete and total catastrophe, the worst, most corrupt and inept anywhere in the world (if they even have a functioning government at all), now loudly......

Donald J. Trump  @realDonaldTrump

So interesting to see “Progressive” Democrat Congresswomen, who originally came from countries whose governments are a complete and total catastrophe, the worst, most corrupt and inept anywhere in the world (if they even have a functioning government at all), now loudly......

Donald J. Trump  @realDonaldTrump

....and viciously telling the people of the United States, the greatest and most powerful Nation on earth, how our government is to be run. Why don’t they go back and help fix the totally broken and crime infested places from which they came. Then come back and show us how....

Donald J. Trump  @realDonaldTrump

....and viciously telling the people of the United States, the greatest and most powerful Nation on earth, how our government is to be run. Why don’t they go back and help fix the totally broken and crime infested places from which they came. Then come back and show us how....

Donald J. Trump  @realDonaldTrump

....it is done. These places need your help badly, you can’t leave fast enough. I’m sure that Nancy Pelosi would be very happy to quickly work out free travel arrangements!

President Trump’s remarks seemed particularly directed at Rep. Ilhan Omar (D-MN), who is a former Somalian refugee.

Omar said Friday that the president “shouldn’t be in office” and told an audience of high school students that America was failing to uphold its promise to be a just society.

Rep. Omar said Trump was “stoking white nationalism” after he tweeted that some progressive congresswomen should “go back” to where they came from.

“You are stoking white nationalism because you are angry that people like us are serving in Congress and fighting against your hate-filled agenda,” Omar wrote:

Ilhan Omar  @IlhanMN


As Members of Congress, the only country we swear an oath to is the United States.

Which is why we are fighting to protect it from the worst, most corrupt and inept president we have ever seen. https://twitter.com/realdonaldtrump/status/1150381394234941448 

Donald J. Trump  @realDonaldTrump

So interesting to see “Progressive” Democrat Congresswomen, who originally came from countries whose governments are a complete and total catastrophe, the worst, most corrupt and inept anywhere in the world (if they even have a functioning government at all), now loudly......

Ilhan Omar  @IlhanMN

You are stoking white nationalism bc you are angry that people like us are serving in Congress and fighting against your hate-filled agenda.

“America's answer to the intolerant man is diversity, the very diversity which our heritage of religious freedom has inspired.” -RFK

Rep. Ocasio-Cortez claimed Monday that President Trump’s remarks serve as the “hallmark language of white supremacists.”

President Trump tweeted Monday that Democrats need to apologize for the “foul language” and “terrible things they have said”:

Donald J. Trump @realDonaldTrump

When will the Radical Left Congresswomen apologize to our Country, the people of Israel and even to the Office of the President, for the foul language they have used, and the terrible things they have said. So many people are angry at them & their horrible & disgusting actions!

Donald J. Trump  @realDonaldTrump

If Democrats want to unite around the foul language & racist hatred spewed from the mouths and actions of these very unpopular & unrepresentative Congresswomen, it will be interesting to see how it plays out. I can tell you that they have made Israel feel abandoned by the U.S.

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